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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA015412016 [2018] UKAITUR EA015412016 (17 September 2018)
URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA015412016.html
Cite as: [2018] UKAITUR EA015412016, [2018] UKAITUR EA15412016
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/01541/2016
THE IMMIGRATION ACTS
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Heard at Field House |
Decision & Reasons Promulgated |
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On 13 September 2018 |
On 17 September 2018 |
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Before
UPPER TRIBUNAL JUDGE O'CONNOR
Between
BONSU NIMAKO
(ANONYMITY DIRECTION NOT MADE)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION AND REASONS
Introduction
1. The appellant is a citizen of Ghana born on 4 November 1982. He made an application to the Secretary of State for an EEA residence card. The application was refused in a decision dated 20 January 2016, for reasons that I need not set out herein.
Decision of the First-tier Tribunal
2. The appellant lodged an appeal before the First-tier Tribunal. That appeal came before Designated FtT Judge McCarthy, who concluded in a decision sent on 4 April 2017, that the First-tier Tribunal did not have jurisdiction to determine the appeal. No findings were made in relation to the substance of the appeal. The Judge's conclusion was informed by the guidance given by this Tribunal in Sala [2016] UKUT 411.
3. The appellant appealed such decision to the Upper Tribunal and Designated FtT Judge Woodcraft granted permission in a decision sent on 6 September 2018. Thus, the matter comes before me.
Discussion
4. The Court of Appeal has now given consideration to the very issue in play in the instant case - see Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755. The Court concluded that the Upper Tribunal had been wrong in its conclusion and rationale in Sala. It is not in dispute that the effect of the decision in Khan, if applied to this case, is that the First-tier Tribunal was wrong to conclude that it did not have jurisdiction in this appeal.
5. For this reason, I set aside the decision of the First-tier Tribunal and remit the appeal back to the First-tier Tribunal to be heard afresh.
Decision
The decision of the First-tier Tribunal is set aside.
The appeal is remitted to the First-tier Tribunal.
Signed: Dated: 13 September 2018
Upper Tribunal Judge O'Connor